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T.R. v. BOY SCOUTS OF AMERICA

(CC 0206-05750; CA A125742; SC S054071).

181 P.3d 758 (2008)

344 Or. 282

T.R., Petitioner on Review, v. The BOY SCOUTS OF AMERICA, a congressionally chartered corporation, authorized to do business in Oregon; Cascade Pacific Council, Boy Scouts of America, an Oregon non-profit corporation; and James Donald Tannehill, Defendants, and City of The Dalles, a political subdivision of the State of Oregon, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided March 13, 2008.

Attorney(s) appearing for the Case

Kelly Clark, O'Donnell & Clark, LLP, Portland, argued the cause for petitioner on review. With him on the briefs were Kristian Roggendorf and Jonathan Clark.

Robert E. Franz, Jr., Law Offices of Robert E. Franz, Jr., Springfield, argued the case for respondent on review. With him on the briefs was Jason M. Montgomery.

Christina M. Hutchins, Assistant Attorney General, Salem, submitted a brief on behalf of amicus curiae State of Oregon.

WALTERS, J.

Under 42 U.S.C. section 1983, plaintiff brought a claim against defendant City of The Dalles1 (city). Plaintiff asserted that the city's deliberate indifference to his right under the Fourteenth Amendment to the United States Constitution to be free from sexual abuse by a governmental actor constituted a city policy that caused him to be subjected to sexual abuse by a city police officer. The question before us is whether there...

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